Email from Dow AgroSciences Lobbyist to EPA

In this April 12, 2017 email, a Dow AgroSciences lobbyist urged EPA to withdraw findings that could lead to restrictions on the use of their products.

To: Brown,

Cc: 'Mike Seyfert From: Provost. Megan (J)

Sent: Wed 4f12/2017 6:42:26 PM

Subject: Touching Base re: Endangered Species Act 8: Pesticides

Byron~

I wanted to touch base with you on behalf of Adama, Dow AgroSciences, and FMC, to give y0u a quickheads up that you all will be receiving a letter later this week sharing some concerns with theEnvironmental Protection Agency's recently ?nalized Endangered Species Act (ESA) biologicalevaluations (BEs) for diazinon, chlorpyrifos, and malathion.

On January 18, 2017, the EPA ?nalized BEs for these three important organophosphate (OP) pesticides.These BEs were conducted (1) as part of an "interim approach" agreed to by EPA and the Services tocreate a path forward for pesticide registrations under the ESA and (2) in addition to the detailedevaluation of the ecological impact these pesticides have gone through over decades of registration and

Unfortunately, these BEs were seriously ?awed. For example, with regard to one OP, EPA proposed thatover 97% of the 1,835 endangered species and 98% of the 794 critical habitats have a ?likely to adverselyaffect? determination for a product that has been in use since 1965. In addition, these BEs were rushedthrough the rulemaking process and demonstrate the unworkability of the ?interim approach? beingproposed by the agencies. These BEs have now been passed to the Services for use in developing moredetailed biological opinions (BiOps).

As such, we are asking that the BEs be withdrawn because those work products did not provide a rationalbasis for further analysis. We're happy to answer any questions you have and to discuss this in furtherdetail.